Is it authorized to enter personal property and place Okay-Rail survey stones? What does the regulation say

Thiruvananthapuram: With the laying of survey stones to demarcate the land for the Kerala authorities’s proposed Silverline semi-high velocity railway venture (Okay-Rail), attracting a lot resistance from locals, what’s the regulation on the matter? says, it might be enlightening to test it out.

The 2 legal guidelines enacted by the state authorities for land acquisition are the Kerala Survey and Boundary Act 1961 and the Proper to Truthful Compensation and Transparency in Land Acquisition, Rehabilitation and Rehabilitation Act 2013.

Beneath a 2013 regulation framed by the Centre, surveys for a venture can start solely after a social impression research, a public listening to, a research by an knowledgeable committee and a notification specifying the land to be acquired.

Nonetheless, in accordance with the Income Division of Kerala, social impression research might be accomplished solely when the land is demarcated and surveyed. Accordingly, survey stones are being laid for Okay-Rail beneath Part 4 of the Survey and Limitation Act, the income officers stated.

Key factors within the 2013 central regulation
The Centre’s 2013 regulation on land acquisition states {that a} notification ought to be issued in collaboration with native our bodies the place the venture is proposed to conduct social impression research. The aim of the research must be talked about within the notification together with its scheduled date.

Protesters take away survey stones put up by Okay-Rail officers in Chotanayakara. File photograph: Manorama

Thereafter the notification within the native language is to be distributed within the venture affected areas. It must also be uploaded on the federal government web site. Social impression research to be accomplished in six months, says regulation. Representatives of native our bodies ought to be a part of the workforce conducting the research.

The research report ought to be made accessible to the general public and may embody particulars similar to record of affected households to be relocated, space of ‚Äč‚Äčland to be acquired, personal and authorities land to be acquired, impression on the lives of native folks wanted. Fundamental amenities within the space and water sources. The report of the research can be to be printed within the native language.

A public listening to ought to observe the response of the affected folks concerned within the research and report. Thereafter, a gaggle of specialists together with two social scientists, two native physique representatives, two specialists in rehabilitation and one technical knowledgeable is required to look at the social impression research report.

The choice of the Knowledgeable Committee be apprised to the Authorities; Whether or not the venture is viable or not. As well as, it must be printed within the regional language and on the federal government web site.

After this, the federal government ought to take a choice, which ought to be printed and copies distributed within the affected areas. Later, a notification must be issued mentioning the areas recognized for the venture.

As per part 12 of the regulation, authorities officers are empowered to go to the areas to implement the venture. They might additionally dig pits to conduct surveys. Boundaries will also be marked. All these actions should be accomplished within the presence of the land proprietor. A discover must be issued to the house owners looking for permission to enter their residence premises or farm seven days upfront.

Land acquisition can begin solely after finishing the survey, redressing the grievances of the folks and cost of compensation.

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